1. Contracting Parties And Objects Of The Contract
1.2. This contract comes about among STYLEBETSY and the user who uses services of STYLEBETSY (hereinafter named as „user“). The contract comes about by using services of STYLEBETSY or at the latest when the user registers.
1.5. The user is not allowed to license his user account, his user name, his followers or other rights, goods and services or accomplishments, to third parties. This holds true also for transfers or sales.
2.1. By registering a user account (hereinafter names as „account“) can be created. Registering is allowed only for natural persons of at least 14 years of age. If the user is 14 or older, but younger than 18, he has to ask his parents for consent beforehand. We don’t check the age of registered users, but reserve to ask for proof of this consent. Registering ist only allowed by users themselves.
2.2. There is no right to register and to create a user account. We reserve to refuse any person registering or using the services, without stating a cause.
2.3. All details provided by the user during his registration process and in conjunction with his user account must be accurate and up to date. It is forbidden to pass oneself off as somebody else or use or masquerade as another identity. All targets of links which the user provides for his user account (e.g. to his Facebook account) must be accurate and belong to himself respectively be operated by himself.
2.4. The chosen user name must not violate any rights of third parties. Without prior written explicit consent from us it is not allowed to use domain names or web addresses as or in a user name. Additionally, it is not allowed to use the domain name of STYLEBETSY or parts from it or use other names that may be confused with STYLEBETSY, if someone could get the impression that the account is operated by STYLEBETSY itself. Also, user names containing „admin“ or the like are forbidden. This also holds true for pure promotional user names, e.g. when they ask to buy, order or book goods or services or consist of an advertising slogan.
3. Rules Of Conduct / Community Guidelines
3.1. The user must not post photos, images, texts, videos or other content, which displays violence, glorifies violence or calls for violence, breaks yout protection laws, hate ob obscenity. This holds true also for invectives, abusive language, false claims, for political views, messages or requests, for extremism of all kind. Links to targets that contain such content are not allowed to post on the service.
3.2. The user must not post pornographic or sexually explicit photos, images, texts, videos or other content. This holds true also for links to targets containing such content as well as for displayed nudity or partial nudity. An allowed exception from the latter is – but only if that is suitable for the context of the corresponding content and the purpose of the service – e.g. illustration of revealing summerly outfits, beach fashion or lingerie.
3.3. It is not allowed to stalk, vilify, imitate, threaten, harass, bully, intimidate, defame other users, other persons or organizations on our services. Criticising is only allowed as an exception and solely if it is asked for and suitable for the context. Such criticism has to be expressed objectively and with restraint. Critical remarks have to be true and must not vilify other users, persons, organizations, services or products.
3.4. The user must not disclose confidential or sensitive data (e.g. postal addresses, email addresses, telephone numbers, license plates, credit card information, social security numbers or other personal or company-related data) of himself, other users, persons or organizations on our services.
3.5. The user must not post or transmit content (e.g. photos, images, texts, videos) on or through our services which can violate rights of third parties or are unlawful. This holds true also for links to such content.
3.6. Using STYLEBETSY for commercial or occupational purposes is only permitted after our explicit written consent; this holds true for posting / conducting of contests or any other merchandising or promotion. An exception to this is the usage of provided functions, within their purpose, and with due regard to this terms of service, by bloggers or influencers in the field of fashion and beauty. The user must not post commercial communication, sales promotion, advertising, spam, links to advertising or affiliate links. All postet content (photos, images, texts, links, videos) must be suitable for the corresponding function of the services respectively the content of other users to which they refer.
3.7. Selling, licensing or transferring of user accounts, followers, user names or other rights in conjunction with user accounts is prohibited. This also holds true for buying followers.
3.8. The usage of our services is only allowed within ordinary scope and in expected ways. It is prohibited especially to readout content or data from our services, or to export or distribute such content or data externally (an exception to the latter is sharing of content by using functions provided by us, e.g. sharing to Facebook). Embedding of STYLEBETSY or parts of it into other websites or services is not allowed.
3.9. The user may use our services only himself and by his own hand with common technologies. Using the services with any automatic tools (e.g. bots, scripts, spiders, ..) is prohibited, the same is true for scraping services. It is prohibited to block, alter or overwrite our services or any of its data.
4. Rights Of Use
4.1. The user may post content (this includes everything without limitation, such as profile pictures, other pictures, images or graphics, headlines or other texts, comments, videos, audio recordings) to our services when and only when he is the sole author (creator).of that content. By posting any content, the user assures that he is the sole author (creator) of all of his content or has obtained explicit approval from the holders of the concerned copyrights to have their works (content) postet on our services and additionally used by us including all of the ways regulated in this contract. The user assures that any of his posting of content and subsequent using and publishing that content won’t violate any rights of third parties.
4.2. The user allows us to publish his user name, his profile picture and other information that he has provided during his registration or later (except for his email address and password, of course).
4.3. After posting any of his content, the users will stay author (creator) of that content and further on hold its copyrights. We don’t claim to be the originator or holder of such content and the user can use and keep posting such own content in any ways, further on. To allow us to operate our services, it is necessary that the user grants us the usage rights of any of his posted content as follows.
4.4. By posting any of his content to STYLEBETSY, the user grants us comprehensive, indefinitely applicable, geographically and objectively unlimited, limitless, international (worldwide), transferable, sublicensable, free of charge and irrevocable usage rights of that content, without limitation of outreach. This usage rights include the storage, replication, transferring, distribution, broadcasting, presentation, public playing, making publicly available in all ways (e.g. via telecommunications lines, Internet, mobile data services, radio services, video or audio services, via picture and sound carriers, printed works etc.), and for receiving on all devices in all services and all media.
4.5. The usage rights don’t restrict themselves to the services of STYLEBETSY, but extend to the usage (e.g. by linking, posting, embedding, sharing, exporting, distributing etc.) also in its external presences, e.g. on its social media presences (e.g. at Facebook, Instagram, Snapchat, Pinterest, Twitter, Tumblr, YouTube, Slideshare etc.) as well as every other internet services and applications of all kind and for all target audiences and on all devices, by what the users content will get accessible by and published to third parties (outside the services of STYLEBETSY) and can there be shared again autonomously, e.g. by using the sharing function of Facebook. STYLEBETSY has the right to use and embed content of the user – in full or partially – in podcasts, emails (e.g. email newsletters), ebooks, pdf files, webinars, groups (e.g. at Facebook), online forums, videos, blogs, in editorially produced articles (texts), images or videos or printed works of all kind, as well as to use all these rights with cooperation partners respectively transfer all this usage rights to them or to use all of the user’s content to promote the services of STYLEBETSY.
4.6. STYLEBETSY has the right to alter all of the content the user posts to STYLEBETSY’s services at will, e.g. to make it smaller, enlarge it, to chop or shorten it, to complement it (e.g. with every other photo or image or texts, videos or audio recordings), display only extracts of it, to emphasize or combine it with all content of other users or every other kind of content from everywhere, e.g. for collages, lists or editorially produced content of all kind (e.g. articles, videos, audio recordings, images).
4.7. All of our own content of all kind (texts, pictures, photos, graphics, logos, videos, articles, audio recordings or our webdesign), that we publish on the websites of STYLEBETSY and also its other external presences (e.g. on social media platforms, such as Facebook, Instagram, Twitter, Pinterest, Snapchat, YouTube etc.) are fully protected by copyrights and can only be – this holds true also for in excerpts – reproduced, edited, distributed, published, made publicly available or broadcasted after our explicit written consent. This holds true for the operating software of STYLEBETSY, its databases, user lists or search results, all of which are protected. Exempt from this is, of course, sharing of links to our services or of our content by using typical sharing functions of social networks like Facbook or the like, as long as our content will not be altered, kept fully and show STYLEBETSY as originator. It is not permitted to copy, imitate, use, distribute or publish the logo of STYLEBETSY, nor partially, unless we had given explicit written consent, prior. Violation of our copyrights will be prosecuted.
4.8. We hereby agree upon, that the user will attach a labelling of him as originator of his content on a certain piece of content posted to STYLEBETSY (by attaching a clearly visible text label in the picture respectively embedded / included there), if he requests mentioning of him as creator (originator). If such labelling is absent, it is understood that the user goes without marking him as user whithin the context of the usage rights he grants us in this contract. This way the user can decide for each individual piece of posted content, whether he wishes labelling him as its originator or if he does without.
5. Other Rights
5. 1. STYLEBETSY is authorized, but not obliged, to check all content posted by the user to its services. All content posted by the user will be published instantly, unchecked. The user is not entitled to have his content posted to the services of STYLEBETSY, though.
5.3. We can ask users at any time to change their user name without giving a reason and can – also without notice and without giving a reason – block or delete user accounts temporarily or permanently. We have the right – but aren’t obliged – to monitor user accounts. We have the permission to announce the participation of the user in the services of STYLEBETSY there, but also beyond.
5.4. If we (or the user himself) delete the user’s content from the services respectively delete his user account, such content respectively all content and information associated with the concerned user account normally isn’t visible or callable anymore. After deletion of content or user accounts, we are permitted to store the user account, the posted content of the user and his user data further on, internally. It may also be that content of the regarding user (e.g. comments of the user or content of the user we earlier used or embedded in editorially edited content, e.g. in articles or videos etc.) will despite their deletion live on on the services and also beyond, if they had been shared externally beforehand.
5.5. Without responsibility, we reserve the right to alter, limit, expand, delete or close all of our services or parts of it, without prior notice and without giving a reason, even if this affects user content or user data the user has already posted.
5.7. The operation and expansion of STYLEBETSY leads to considerable expenses. Therefore we have permission to display advertising and promotions of all kind everywhere on our services, even surrounding or next to user generated content, information or data. Furthermore, we have permission to alter user generated links by including our partner ID to identify ourselves as partner (affiliate) of the target page. As a result of this we can earn a commission when someone clicks there or when a purchase on the target page follows such a click. In so doing the target page of the user generated link will not change, just as little the price of the goods on the target page.
5.9. STYLEBETSY reserves the right to anytime change our name or to operate our services under another name. Hereby this contractual relationship will continue with all rights and duties, unchanged.
6. Partner Offers
6.1. Into all of its services, STYLEBETSY embeds advertising and suggestions to offers from external partners, independent of STYLEBETSY, e.g. in the form of banners, advertising, text ads, affiliate links and other advertisting or promotion of all kind, product links or any other functions, including such offers, hereinafter called „partner offers“. All such partner offers are provided solely by the concerned partner, without involvement of STYLEBETSY.
6.3. We don’t guarantee (and aren’t liable for) the availability, quality, currentness or correctness of any partner offers respectively any information partners provide. This holds true for the observance of a contract between the user and the partner as well as for prices of partner offers, as shown on any service of STYLEBETSY. Applicable are solely the prices, that are shown to the user on the partner’s services (websites) and / or the users agrees by contract with the partner and / or are invoiced by the partner. The user commits to seek all necessary information such as prices, the kind of goods or services he is about to seize etc., before he enters into a contract with the partner.
6.4. If a user uses a partner offer, e.g. by clicking on it and / or concludes a contract with the partner, STYLEBETSY may get a compension from the partner.
6.5. STYLEBETSY publishes exclusive sales discounts („Deals“) in cooperation with external partners. Such offers, too, count as partner offers as regulated in this contract and are processed and billed solely by the particular partner, without participation of STYLEBETSY.
7. Responsibility Of The User
7.1. The user has the only responsibility for all of the content he posts to STYLEBETSY. He uses all services of STYLEBETSY at his own risk, is solely responsible for his user account, that he is only allowed to use himself and must ensure that no third parties can get access to STYLEBETSY through his user account. The user commits to keep his access data and password secret.
7.3. If any third party because of activities or posted content of the user claims damages or charges against STYLEBETSY, the user commits to help us defend ourselves against that. Insofar the user is required to provide any information about circumstances that may be helpful or necessary for this reason.
7.4. The user assures that STYLEBETSY, if necessary, can reach him through the email address he has provided during registering and will, for this reason, check that email inbox daily and set his spam filter settings accordingly, so that delivery of mails from STYLEBETSY is reliable.
7.5. STYLEBETSY is no data backup service and the user must not use it for this purpose. The user commits to backup all of the content he posts to STYLEBETSY, prior to that.
8. Liability / Warranty
8.1. All of the content that users or other parties post to STYLEBETSY, origin solely from themselves, but not from STYLEBETSY. Therefore and and in light of the fact that we don’t check postings before publishing, we distance ourselves from all of such content, are not liable for such content and don’t guarantee its currentness, correctness or completeness. This holds true for content of websites or any other external services, to which we, users or any other third parties link to from our services.
8.2. We don’t ensure that services of external partners, displayed on our services, can indeed be purchased to the mentioned prices and conditions. Furthermore we don’t ensure that users of our services have the real identity they pretend.
8.3. We don’t ensure an uninterrupted, faultless and undisturbed operation of our services and don’t become liable in case of its change, temporary interruption or permanent discontinuation. For removal of defects of our services we reserve to take time at our own discretion and aren’t obliged to immediately start troubleshooting.
8.4. We don’t become liable for violation of rights, loss of data or any other damages, which may occur for users or other parties, as a result of misconduct of other users. Furthermore we don’t become liable for system malfunctioning, external influence (e.g. by harmful unauthorized access to our services from third parties) or acts of God.
9.1. Both parties can terminate this contract at any time. If the user wishes to terminate, he has to delete his user account by using the corresponding function he can call up in his user account after logging in. If we wish to terminate the contract, we can choose to inform the user about that or alternatively permanently block or delete the user’s user account.
9.2. After termination the user account isn’t accessible anymore. This holds true for his content which he has posted prior to this. Such content may persist in some cases, e.g. when they were embedded into editorial content (e.g. used in articles or videos). This is also the case, when such content was already shared to other services beyond STYLEBETSY.
9.3. After termination we can use the user name of the user at will. We can unblock that user name and can allow to have it registered by any new user or ourselves.
If anybody detects content of third parties, which violates his rights, he can report this to the email address email@example.com. While doing so, he must substantiate the alleged violation by providing adequate information or evidence and also clearly name the concrete location of the corresponding content, in order to allow STYLEBETSY to check his report. After that STYLEBETSY, given that sufficient indications were provided, will delete such content from its services after a reasonable review time. As emails can get lost on their way through the internet, we recommend to submit such complaints additionally postally, if you don’t receive an acknowledgement within 24 hours.